Bill that would shield rape information smacks of spite

Feb. 16, 2014

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For 14 years in Williamson, Davidson and Wilson counties, the “wooded rapist” terrorized women until he was caught and convicted. Under a proposed law filed by state lawmakers at the urging of Metro attorneys, you and your daughter, wife, girlfriend, mother and aunt would never have known there was a serial rapist on the loose.

They would not have been told by law enforcement officers to lock and chain all doors and windows, especially if it was a rainy night and they lived by a wooded area. Those were the nights he struck.

Under this law — filed to get even with news organizations, including The Tennessean — all details of sexual assault crimes would be secret unless they came out at trial. It’s a bad bill, filed for narrow-minded reasons.

Is it aimed at Tennessee news organizations? Well, coincidentally, just days before the legislation was filed, The Tennessean and a coalition of media from across the state sued the Metro Police Department and Vanderbilt University, seeking information about the Vanderbilt rape case. Four former football players are charged with brutally raping a female student while she was unconscious. Despite numerous requests by The Tennessean to see records in the case, Metro has refused.

Metro Law Director Saul Soloman said the bill is not about the lawsuit. He said discussions about it have bounced around for two years. But unless you believe in the Tooth Fairy and the Easter Bunny, it’s too big a stretch to say it was merely coincidence that the bill was filed days after the lawsuit was filed.

The bill filed by Sen. Becky Duncan Massey, R-Knoxville, would shield the identify and personal information about rape victims. There is no need for such a law. No media organization in the state discloses the name of rape victims unless they want to be named.

But it gets worse. As written, the bill would turn rape into an “invisible crime,” covering up key details that could save other potential victims from the same fate.

The wooded rapist case is the most graphic example of why this is bad legislation. Facts about how and when he operated undoubtedly prevented him from attacking other women.

For example, police told the public he always struck in the early morning hours, when it was raining, and in houses that were beside wooded areas. He used guns and knives to subdue his victims, and covered his face. He broke into houses through sliding glass doors and unlocked windows. He stalked his victims before he attacked. He only struck on weeknights.

He raped a mother and her two daughters. He raped a 16-year-old girl and a 61-year-old woman. In all, he was charged with raping 13 women. He attacked women in Brentwood, Donelson and Green Hills.

Police put out a description of him, and details. Neighbors stayed in touch with neighbors to alert them of any reports of burglars. People trimmed back their bushes, bought dogs and kept started keeping outdoor lights on at night. Others put in alarm systems. Women took self-defense classes, offered by the police.

Robert Jason Burdick was finally caught and convicted in five cases because of DNA evidence. He will have to serve more than 100 years in prison before being eligible for parole.

In his case, knowledge gave women power. In the Vanderbilt case, just what are prosecutors and school officials trying to hide?

Gail Kerr’s column runs on Sundays, Mondays and Wednesdays. Reach her at 615-259-8085.